[WSBARP] WSBARP Digest, Vol 78, Issue 6
Stephen Whitehouse
swhite8893 at aol.com
Tue Mar 9 19:48:12 PST 2021
Jeff, Your facts are not fully clear. Is the trail in the easement? Are there any restrictions on the short plats? Is the easement exclusive? So let me hazard a guess that the trail is over the easement and is solely over the property on the right, there are no restrictions and it is not exclusive. As a general rule, the owner on the right can allow other people to use the easement area, but only the part on his/her lot and the other people cannot restrict it unless it is interfering with the use of the easement rights by the other easement holders, or is creating a nuisance. Where does the easement go to? Who controls the property at the end of the easement? That may be an issue as well.
Steve
Stephen WhitehouseWhitehouse & Nichols, LLPP.O. Box 1273601 W. Railroad Ave.Shelton, Wa. 98584360-426-5885
swhite8893 at aol.com
-----Original Message-----
From: wsbarp-request at lists.wsbarppt.com
To: wsbarp at lists.wsbarppt.com
Sent: Tue, Mar 9, 2021 12:00 pm
Subject: WSBARP Digest, Vol 78, Issue 6
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When replying, please edit your Subject line so it is more specific
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Today's Topics:
1. HOA dues foreclosure under covid (Craig Gourley)
2. Adjoining Short Plat Lot Owner Opens Walking Trail and allows
Public Use (Jeff at bellanddavispllc.com)
3. lfp problem (Roger Hawkes)
4. Supreme Court - Eviction Moratorium - McCrea v Drury (Rob Rowley)
5. Re: Supreme Court - Eviction Moratorium - McCrea v Drury
(Tom Westbrook)
6. Re: Supreme Court - Eviction Moratorium - McCrea v Drury
(Bryce Dille)
7. Re: Supreme Court - Eviction Moratorium - McCrea v Drury
(Tom Westbrook)
8. Re: Supreme Court - Eviction Moratorium - McCrea v Drury
(Kaitlyn Jackson)
9. Re: Supreme Court - Eviction Moratorium - McCrea v Drury
(Kaitlyn Jackson)
----------------------------------------------------------------------
Message: 1
Date: Tue, 9 Mar 2021 13:50:38 +0000
From: Craig Gourley <craig at glgmail.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] HOA dues foreclosure under covid
Message-ID:
<MW3PR12MB43468D436EBF8CA63620B43DAE929 at MW3PR12MB4346.namprd12.prod.outlook.com>
Content-Type: text/plain; charset="us-ascii"
Listmates. Has anyone had experience with Condo dues foreclosure under covid? I don't recall it being addressed in any moratorium but am wondering about real world enforcement by the courts. Thanks to all.
Sent from my Verizon, Samsung Galaxy smartphone
Get Outlook for Android<https://aka.ms/ghei36>
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Message: 2
Date: Tue, 9 Mar 2021 10:39:02 -0800
From: <Jeff at bellanddavispllc.com>
To: <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Adjoining Short Plat Lot Owner Opens Walking Trail
and allows Public Use
Message-ID: <00f201d71513$7aed6860$70c83920$@bellanddavispllc.com>
Content-Type: text/plain; charset="us-ascii"
Listmates,
Two separate, but adjoining short plats share a common ingress/egress
easement. An owner, in the "short plat on the right" opened a walking
trail through his lot and allows the general public to use it. This allows
people from outside the two short plats to go through lots and resulted in
increased litter and pet problems. Questions are: 1) can the other lots
owners require the one to block access through his property, or 2) can other
lot owners block non-easement holders access through their properties? I
think the answer is yes, at least to #2, but in today's uncertain world, I
would like your opinions.
Jeff Davis
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Message: 3
Date: Tue, 9 Mar 2021 18:50:53 +0000
From: Roger Hawkes <Roger at law-hawks.com>
To: Real Property Listserve <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] lfp problem
Message-ID:
<MN2PR16MB2750E525EBF72A5EF5CC6627E9929 at MN2PR16MB2750.namprd16.prod.outlook.com>
Content-Type: text/plain; charset="us-ascii"
I am looking to refer a good client to a lawyer who has dealt with Lake Forest Park before and knows about respective rights and obligations between landowner and government. It appears that my client's home is threatened by erosion created by faulty construction of a sewer on her property , by the city.
Roger Hawkes, WSBA # 5173 [cid:image001.jpg at 01D714D2.135145A0]
Shoreline Office: 19944 Ballinger Way NE
Shoreline, WA 98155
Sultan Office: 423 Main
Sultan, WA 98294
Phone: 206 367 5000; fax: 206 367 4005
Email: roger at law-hawks.com<mailto:roger at law-hawks.com>
Web site: www.hawkeslawfirm.com<http://www.hawkeslawfirm.com/>
.
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Message: 4
Date: Tue, 9 Mar 2021 11:03:01 -0800
From: Rob Rowley <rob at rowleylegal.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Supreme Court - Eviction Moratorium - McCrea v Drury
Message-ID: <23e9565525bef269332c28dbddcbdb2b at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
Any thoughts on the February 4, 2021 Supreme Court commissioners ruling
which raised issues with evictions related to terminations based upon
owner's intent to sell or occupy. Dealing with the federal CDC eviction
moratorium being declared unconstitutional by a Texas federal district
court. Oral argument on May 13.
https://www.landlordsolutionsinc.com/wp-content/uploads/2021/03/WSC-ruling-staying-eviction.pdf
I understand we can still issue notices just not proceed with eviction
hearings.
*Robert R Rowley*
Attorney & Counselor at Law
(509) 252-5074 (509) 994-1143
(509) 928-3084 <fax:(509)%20928-3084> rowleylegal.com
<http://www.rowleylegal.com/>
rob at rowleylegal.com
Helping You Protect What Matters Most
<https://www.facebook.com/rowleylegal>
<https://www.twitter.com/ROBERTRROWLEY>
*Practice concentrated on business, real estate and general legal matters
in Washington and Idaho. *
NOTICE: The contents of this message and any attachments may be protected
by the attorney-client privilege, work product doctrine or other applicable
protections. If you are not the intended recipient or have received this
message in error, please notify the sender and promptly delete the message.
Thank you for your assistance. DISCLAIMER: You should recognize that
responses provided by e-mail means are akin to ordinary telephone or
face-to-face conversations and do not reflect the level of factual or legal
inquiry or analysis which would be applied in the case of a formal legal
opinion. A formal opinion may very well reach a different conclusion.
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------------------------------
Message: 5
Date: Tue, 9 Mar 2021 11:14:10 -0800
From: Tom Westbrook <tjw at w3net.net>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Supreme Court - Eviction Moratorium - McCrea v
Drury
Message-ID: <6723db35fef3107f7d249651d238309e at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
Yes???Ugh!
Sincerely,
Tom
Thomas J. Westbrook
Attorney at Law
Rodgers Kee Card & Strophy, P.S.
324 West Bay Drive NW, Suite 201
Olympia, Washington 98502
Phone: 360-352-8311
Facsimile: 360-352-8501
Email: tjw at buddbaylaw.com
Skype: thomas.westbrook
www.buddbaylaw.com
The information contained in this email and attachment(s) are for the
exclusive use of the addressee(s) and may contain private, privileged
and/or confidential information. If you are not the addressee, you are
strictly prohibited from reading, photocopying, distributing or otherwise
using this email or its contents in any way. If you have received this
communication in error, please notify us immediately by telephone at
360-352-8311 or by e-mail to reception at buddbaylaw.com, and destroy the
original message from your electronic files.
COVID-19 UPDATE:
s Rodgers Kee Card & Strophy will no longer maintain ?open? hours at the
physical office.
s All the staff is working remotely. We are routinely monitoring our voice
mail and email, which is the best way to communicate during this period.
s We are still taking new clients but consultations will be telephonic or
via video conferencing, and any in-person meetings will be by appointment
and only if necessary to execute documents.
s Please provide necessary documents to us by scan and email, where
possible, or by mail if not.
s We anticipate these changes will be effective for the foreseeable
future. We are doing everything we can to maintain the level of service
and professionalism we?ve always provided, even in the face of this public
health crisis. Thank you in advance for your patience and understanding.
We look forward to the soonest possible return to full operations and
continued service to our clients.
*From:* wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
*On Behalf Of *Rob Rowley
*Sent:* Tuesday, March 09, 2021 11:03 AM
*To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
*Subject:* [WSBARP] Supreme Court - Eviction Moratorium - McCrea v Drury
Any thoughts on the February 4, 2021 Supreme Court commissioners ruling
which raised issues with evictions related to terminations based upon
owner's intent to sell or occupy. Dealing with the federal CDC eviction
moratorium being declared unconstitutional by a Texas federal district
court. Oral argument on May 13.
https://www.landlordsolutionsinc.com/wp-content/uploads/2021/03/WSC-ruling-staying-eviction.pdf
I understand we can still issue notices just not proceed with eviction
hearings.
*Robert R Rowley*
Attorney & Counselor at Law
(509) 252-5074 (509) 994-1143
(509) 928-3084 <fax:(509)%20928-3084> rowleylegal.com
<http://www.rowleylegal.com/>
rob at rowleylegal.com
Helping You Protect What Matters Most
<https://www.facebook.com/rowleylegal>
<https://www.twitter.com/ROBERTRROWLEY>
*Practice concentrated on business, real estate and general legal matters
in Washington and Idaho. *
NOTICE: The contents of this message and any attachments may be protected
by the attorney-client privilege, work product doctrine or other applicable
protections. If you are not the intended recipient or have received this
message in error, please notify the sender and promptly delete the message.
Thank you for your assistance. DISCLAIMER: You should recognize that
responses provided by e-mail means are akin to ordinary telephone or
face-to-face conversations and do not reflect the level of factual or legal
inquiry or analysis which would be applied in the case of a formal legal
opinion. A formal opinion may very well reach a different conclusion.
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------------------------------
Message: 6
Date: Tue, 9 Mar 2021 19:33:23 +0000
From: Bryce Dille <Bryce at dillelaw.com>
To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Supreme Court - Eviction Moratorium - McCrea v
Drury
Message-ID:
<MW3PR11MB45883E6BBE53B7B9C5C45C23C8929 at MW3PR11MB4588.namprd11.prod.outlook.com>
Content-Type: text/plain; charset="utf-8"
What about evictions arising out of non landlord tenant situations where PR is attempting to evict a family member from decedents house after 60 day notice to sell was given and we are in action for ejectment.
Bryce H. Dille
Dille Law, PLLC
2010 Caton Way SW Ste. 101
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561
** Please note that I use the dictation feature of my iPhone and that sometimes everything I say does not get properly translated**
This transmission contains confidential attorney-client communications and may not be disclosed to any person but the intended recipient(s). If this matter is transmitted to you in error, please notify the sender immediately.
Business Entity Creation and Management, Business, Government and Tax Law, Real Estate and Land Use, Residential, Commercial and Condominium Development Real Estate and Commercial Transactions & Closings, Including Performing Services as IRS Section 1031 Exchange Facilitator Estate Planning, including Wills and Trusts, and Probate Administration Representation Homeowners/Condominium Association Real Estate Developments Real Property Foreclosures and Forfeitures.
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Rob Rowley
Sent: Tuesday, March 9, 2021 11:03 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Supreme Court - Eviction Moratorium - McCrea v Drury
Any thoughts on the February 4, 2021 Supreme Court commissioners ruling which raised issues with evictions related to terminations based upon owner's intent to sell or occupy. Dealing with the federal CDC eviction moratorium being declared unconstitutional by a Texas federal district court. Oral argument on May 13.
https://www.landlordsolutionsinc.com/wp-content/uploads/2021/03/WSC-ruling-staying-eviction.pdf
I understand we can still issue notices just not proceed with eviction hearings.
[cid:image001.jpg at 01D714D8.0334EA90]
Robert R Rowley
Attorney & Counselor at Law
[cid:image002.png at 01D714D8.0334EA90] (509) 252-5074<tel:(509)%20252-5074> [cid:image003.png at 01D714D8.0334EA90] (509) 994-1143<tel:(509)%20994-1143>
[cid:image004.png at 01D714D8.0334EA90] (509) 928-3084<fax:(509)%20928-3084> [cid:image005.png at 01D714D8.0334EA90] rowleylegal.com<http://www.rowleylegal.com/>
[cid:image006.png at 01D714D8.0334EA90] rob at rowleylegal.com<mailto:rob at rowleylegal.com>
Helping You Protect What Matters Most
[cid:image007.png at 01D714D8.0334EA90]<https://www.facebook.com/rowleylegal> [cid:image008.png at 01D714D8.0334EA90] <https://www.twitter.com/ROBERTRROWLEY>
Practice concentrated on business, real estate and general legal matters in Washington and Idaho.
NOTICE: The contents of this message and any attachments may be protected by the attorney-client privilege, work product doctrine or other applicable protections. If you are not the intended recipient or have received this message in error, please notify the sender and promptly delete the message. Thank you for your assistance. DISCLAIMER: You should recognize that responses provided by e-mail means are akin to ordinary telephone or face-to-face conversations and do not reflect the level of factual or legal inquiry or analysis which would be applied in the case of a formal legal opinion. A formal opinion may very well reach a different conclusion.
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------------------------------
Message: 7
Date: Tue, 9 Mar 2021 11:38:28 -0800
From: Tom Westbrook <tjw at w3net.net>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Supreme Court - Eviction Moratorium - McCrea v
Drury
Message-ID: <61e0a6ce1e323385eb9ee9f00cd94de9 at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
Bryce, I have the same concern time 3 in various stages of the 60 day
period. I guess the question is, how will our Superior Court Judges react
to this?
Sincerely,
Tom
Thomas J. Westbrook
Attorney at Law
Rodgers Kee Card & Strophy, P.S.
324 West Bay Drive NW, Suite 201
Olympia, Washington 98502
Phone: 360-352-8311
Facsimile: 360-352-8501
Email: tjw at buddbaylaw.com
Skype: thomas.westbrook
www.buddbaylaw.com
The information contained in this email and attachment(s) are for the
exclusive use of the addressee(s) and may contain private, privileged
and/or confidential information. If you are not the addressee, you are
strictly prohibited from reading, photocopying, distributing or otherwise
using this email or its contents in any way. If you have received this
communication in error, please notify us immediately by telephone at
360-352-8311 or by e-mail to reception at buddbaylaw.com, and destroy the
original message from your electronic files.
COVID-19 UPDATE:
s Rodgers Kee Card & Strophy will no longer maintain ?open? hours at the
physical office.
s All the staff is working remotely. We are routinely monitoring our voice
mail and email, which is the best way to communicate during this period.
s We are still taking new clients but consultations will be telephonic or
via video conferencing, and any in-person meetings will be by appointment
and only if necessary to execute documents.
s Please provide necessary documents to us by scan and email, where
possible, or by mail if not.
s We anticipate these changes will be effective for the foreseeable
future. We are doing everything we can to maintain the level of service
and professionalism we?ve always provided, even in the face of this public
health crisis. Thank you in advance for your patience and understanding.
We look forward to the soonest possible return to full operations and
continued service to our clients.
*From:* wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
*On Behalf Of *Bryce Dille
*Sent:* Tuesday, March 09, 2021 11:33 AM
*To:* 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
*Subject:* Re: [WSBARP] Supreme Court - Eviction Moratorium - McCrea v Drury
What about evictions arising out of non landlord tenant situations where PR
is attempting to evict a family member from decedents house after 60 day
notice to sell was given and we are in action for ejectment.
Bryce H. Dille
Dille Law, PLLC
2010 Caton Way SW Ste. 101
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561
** Please note that I use the dictation feature of my iPhone and that
sometimes everything I say does not get properly translated**
This transmission contains confidential attorney-client communications and
may not be disclosed to any person but the intended recipient(s). If this
matter is transmitted to you in error, please notify the sender
immediately.
Business Entity Creation and Management, Business, Government and Tax Law,
Real Estate and Land Use, Residential, Commercial and Condominium
Development Real Estate and Commercial Transactions & Closings, Including
Performing Services as IRS Section 1031 Exchange Facilitator Estate
Planning, including Wills and Trusts, and Probate Administration
Representation Homeowners/Condominium Association Real Estate Developments
Real Property Foreclosures and Forfeitures.
*From:* wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
*On Behalf Of *Rob Rowley
*Sent:* Tuesday, March 9, 2021 11:03 AM
*To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
*Subject:* [WSBARP] Supreme Court - Eviction Moratorium - McCrea v Drury
Any thoughts on the February 4, 2021 Supreme Court commissioners ruling
which raised issues with evictions related to terminations based upon
owner's intent to sell or occupy. Dealing with the federal CDC eviction
moratorium being declared unconstitutional by a Texas federal district
court. Oral argument on May 13.
https://www.landlordsolutionsinc.com/wp-content/uploads/2021/03/WSC-ruling-staying-eviction.pdf
I understand we can still issue notices just not proceed with eviction
hearings.
*Robert R Rowley*
Attorney & Counselor at Law
(509) 252-5074 (509) 994-1143
(509) 928-3084 <fax:(509)%20928-3084> rowleylegal.com
<http://www.rowleylegal.com/>
rob at rowleylegal.com
Helping You Protect What Matters Most
<https://www.facebook.com/rowleylegal>
<https://www.twitter.com/ROBERTRROWLEY>
*Practice concentrated on business, real estate and general legal matters
in Washington and Idaho. *
NOTICE: The contents of this message and any attachments may be protected
by the attorney-client privilege, work product doctrine or other applicable
protections. If you are not the intended recipient or have received this
message in error, please notify the sender and promptly delete the message.
Thank you for your assistance. DISCLAIMER: You should recognize that
responses provided by e-mail means are akin to ordinary telephone or
face-to-face conversations and do not reflect the level of factual or legal
inquiry or analysis which would be applied in the case of a formal legal
opinion. A formal opinion may very well reach a different conclusion.
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------------------------------
Message: 8
Date: Tue, 9 Mar 2021 11:41:47 -0800
From: Kaitlyn Jackson <kaitlyn at dimensionlaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Supreme Court - Eviction Moratorium - McCrea v
Drury
Message-ID:
<CAO+NF_464x2QFfkwAuUJkO0YLS8Sdn9D+b6sW=mC4j-ZjTV6sw at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
Bryce -
Theoretically, if the occupant submits the CDC Declaration, then under the
current legal justification, the occupant would be protected.
If you look at the CDC's terribly drafted "Order" you will see it applies
to a "landlord, owner of a residential property, or other person with a
legal right to pursue eviction or possessory action" and "covered persons"
are defined as "tenant, lessee, or resident of a residential property."
The way I read it is that under the broad interpretation being applied, it
even applies to a squatter or a trespasser. The CDC's Order does not (to my
knowledge) even require the person, be on the property legally.
On Tue, Mar 9, 2021 at 11:36 AM Bryce Dille <Bryce at dillelaw.com> wrote:
> What about evictions arising out of non landlord tenant situations where
> PR is attempting to evict a family member from decedents house after 60 day
> notice to sell was given and we are in action for ejectment.
>
>
>
> Bryce H. Dille
>
> Dille Law, PLLC
>
> 2010 Caton Way SW Ste. 101
>
> Olympia, WA 98502
>
> Office: 360-350-0270
>
> Cell: 253-579-5561
>
>
>
> ** Please note that I use the dictation feature of my iPhone and that
> sometimes everything I say does not get properly translated**
>
>
>
> This transmission contains confidential attorney-client communications and
> may not be disclosed to any person but the intended recipient(s). If this
> matter is transmitted to you in error, please notify the sender
> immediately.
>
>
>
> Business Entity Creation and Management, Business, Government and Tax Law,
> Real Estate and Land Use, Residential, Commercial and Condominium
> Development Real Estate and Commercial Transactions & Closings, Including
> Performing Services as IRS Section 1031 Exchange Facilitator Estate
> Planning, including Wills and Trusts, and Probate Administration
> Representation Homeowners/Condominium Association Real Estate Developments
> Real Property Foreclosures and Forfeitures.
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Rob Rowley
> *Sent:* Tuesday, March 9, 2021 11:03 AM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* [WSBARP] Supreme Court - Eviction Moratorium - McCrea v Drury
>
>
>
> Any thoughts on the February 4, 2021 Supreme Court commissioners ruling
> which raised issues with evictions related to terminations based upon
> owner's intent to sell or occupy. Dealing with the federal CDC eviction
> moratorium being declared unconstitutional by a Texas federal district
> court. Oral argument on May 13.
>
>
> https://www.landlordsolutionsinc.com/wp-content/uploads/2021/03/WSC-ruling-staying-eviction.pdf
>
> I understand we can still issue notices just not proceed with eviction
> hearings.
>
>
>
>
>
> *Robert R Rowley*
> Attorney & Counselor at Law
> (509) 252-5074 <(509)%20252-5074> (509) 994-1143 <(509)%20994-1143>
> (509) 928-3084 rowleylegal.com <http://www.rowleylegal.com/>
> rob at rowleylegal.com
> Helping You Protect What Matters Most
> <https://www.facebook.com/rowleylegal>
> <https://www.twitter.com/ROBERTRROWLEY>
>
> *Practice concentrated on business, real estate and general legal matters
> in Washington and Idaho. *
>
> NOTICE: The contents of this message and any attachments may be protected
> by the attorney-client privilege, work product doctrine or other applicable
> protections. If you are not the intended recipient or have received this
> message in error, please notify the sender and promptly delete the message.
> Thank you for your assistance. DISCLAIMER: You should recognize that
> responses provided by e-mail means are akin to ordinary telephone or
> face-to-face conversations and do not reflect the level of factual or legal
> inquiry or analysis which would be applied in the case of a formal legal
> opinion. A formal opinion may very well reach a different conclusion.
>
>
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
--
Thank you,
Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
t: *206.973.3500 *| f: *206.577.5090*| e: *kaitlyn at dimensionlaw.com*|
www.dimensionlaw.com
Covid-19 Update - Dimension Law Group remains available to serve our
clients and the public during this time, subject to the orders and
recommendations of government authority.
All attorneys and staff are working remotely regular business hours and are
available via email and by phone. Videoconferencing also is available. We
will continue to advise and support our clients throughout this health
emergency.
--
PRIVILEGED AND CONFIDENTIAL:??This e-mail (including any attachments) is
intended only for the use of the individual or entity named above and may
contain privileged or confidential information. If you are not the intended
recipient, or the employee or agent responsible to deliver it to the
intended recipient, you are notified that any review, dissemination,
distribution or copying of this e-mail is prohibited. Attempts to intercept
this message are in violation of 18 USC 2511(1) of the Electronic
Communications Privacy Act, which subjects the interceptor to fines,
imprisonment and/or civil damages. If you have received this e-mail in
error, please immediately notify us by e-mail, facsimile, or telephone;
return the e-mail to us at the e-mail address below; and destroy all paper
and electronic copies.?Any settlement offer contained herein is made
pursuant to Washington ER 408, and without admitting fault or liability on
the part of this firm?s client(s) or its agents.??IRS?CIRCULAR?230
DISCLAIMER:??To ensure compliance with requirements imposed by the IRS, I
inform you that any U.S. tax advice contained in this communication
(including any attachments) is not intended or written to be used, and
cannot be used, for the purpose of (i) avoiding penalties under the
Internal Revenue Code; or (ii) promoting, marketing or recommending to
another party any transaction or tax-related matter addressed herein.
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------------------------------
Message: 9
Date: Tue, 9 Mar 2021 11:48:19 -0800
From: Kaitlyn Jackson <kaitlyn at dimensionlaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Supreme Court - Eviction Moratorium - McCrea v
Drury
Message-ID:
<CAO+NF_77m2aYtTxK+v0eZfHa_8qbmFcJxgirjBQzajVu-cjc3w at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
Bryce -
Let me correct. In the Order, they further define "Residential Property" as
"property leased for residential purposes...". So, you might be able to
argue the CDC Order does not apply. However, if there's any evidence that
the occupant *paid *for anything that could be construed to create an
implied contract to rent, then the CDC could be argued to apply.
On Tue, Mar 9, 2021 at 11:41 AM Kaitlyn Jackson <kaitlyn at dimensionlaw.com>
wrote:
> Bryce -
>
> Theoretically, if the occupant submits the CDC Declaration, then under the
> current legal justification, the occupant would be protected.
>
> If you look at the CDC's terribly drafted "Order" you will see it applies
> to a "landlord, owner of a residential property, or other person with a
> legal right to pursue eviction or possessory action" and "covered persons"
> are defined as "tenant, lessee, or resident of a residential property."
>
> The way I read it is that under the broad interpretation being applied, it
> even applies to a squatter or a trespasser. The CDC's Order does not (to my
> knowledge) even require the person, be on the property legally.
>
>
>
> On Tue, Mar 9, 2021 at 11:36 AM Bryce Dille <Bryce at dillelaw.com> wrote:
>
>> What about evictions arising out of non landlord tenant situations where
>> PR is attempting to evict a family member from decedents house after 60 day
>> notice to sell was given and we are in action for ejectment.
>>
>>
>>
>> Bryce H. Dille
>>
>> Dille Law, PLLC
>>
>> 2010 Caton Way SW Ste. 101
>>
>> Olympia, WA 98502
>>
>> Office: 360-350-0270
>>
>> Cell: 253-579-5561
>>
>>
>>
>> ** Please note that I use the dictation feature of my iPhone and that
>> sometimes everything I say does not get properly translated**
>>
>>
>>
>> This transmission contains confidential attorney-client communications
>> and may not be disclosed to any person but the intended recipient(s). If
>> this matter is transmitted to you in error, please notify the sender
>> immediately.
>>
>>
>>
>> Business Entity Creation and Management, Business, Government and Tax
>> Law, Real Estate and Land Use, Residential, Commercial and Condominium
>> Development Real Estate and Commercial Transactions & Closings, Including
>> Performing Services as IRS Section 1031 Exchange Facilitator Estate
>> Planning, including Wills and Trusts, and Probate Administration
>> Representation Homeowners/Condominium Association Real Estate Developments
>> Real Property Foreclosures and Forfeitures.
>>
>>
>>
>> *From:* wsbarp-bounces at lists.wsbarppt.com <
>> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Rob Rowley
>> *Sent:* Tuesday, March 9, 2021 11:03 AM
>> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
>> *Subject:* [WSBARP] Supreme Court - Eviction Moratorium - McCrea v Drury
>>
>>
>>
>> Any thoughts on the February 4, 2021 Supreme Court commissioners ruling
>> which raised issues with evictions related to terminations based upon
>> owner's intent to sell or occupy. Dealing with the federal CDC eviction
>> moratorium being declared unconstitutional by a Texas federal district
>> court. Oral argument on May 13.
>>
>>
>> https://www.landlordsolutionsinc.com/wp-content/uploads/2021/03/WSC-ruling-staying-eviction.pdf
>>
>> I understand we can still issue notices just not proceed with eviction
>> hearings.
>>
>>
>>
>>
>>
>> *Robert R Rowley*
>> Attorney & Counselor at Law
>> (509) 252-5074 <(509)%20252-5074> (509) 994-1143 <(509)%20994-1143>
>> (509) 928-3084 rowleylegal.com <http://www.rowleylegal.com/>
>> rob at rowleylegal.com
>> Helping You Protect What Matters Most
>> <https://www.facebook.com/rowleylegal>
>> <https://www.twitter.com/ROBERTRROWLEY>
>>
>> *Practice concentrated on business, real estate and general legal matters
>> in Washington and Idaho. *
>>
>> NOTICE: The contents of this message and any attachments may be protected
>> by the attorney-client privilege, work product doctrine or other applicable
>> protections. If you are not the intended recipient or have received this
>> message in error, please notify the sender and promptly delete the message.
>> Thank you for your assistance. DISCLAIMER: You should recognize that
>> responses provided by e-mail means are akin to ordinary telephone or
>> face-to-face conversations and do not reflect the level of factual or legal
>> inquiry or analysis which would be applied in the case of a formal legal
>> opinion. A formal opinion may very well reach a different conclusion.
>>
>>
>> ***Disclaimer: Please note that RPPT listserv participation is not
>> restricted to practicing attorneys and may include non-practicing
>> attorneys, law students, professionals working in related fields, and
>> others.***
>>
>> _______________________________________________
>> WSBARP mailing list
>> WSBARP at lists.wsbarppt.com
>> http://mailman.fsr.com/mailman/listinfo/wsbarp
>
>
>
> --
> Thank you,
>
> Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
> 130 Andover Park East, Suite 300 | Tukwila, WA 98188
> t: *206.973.3500 *| f: *206.577.5090*| e: *kaitlyn at dimensionlaw.com*|
> www.dimensionlaw.com
>
> Covid-19 Update - Dimension Law Group remains available to serve our
> clients and the public during this time, subject to the orders and
> recommendations of government authority.
>
> All attorneys and staff are working remotely regular business hours and
> are available via email and by phone. Videoconferencing also is available. We
> will continue to advise and support our clients throughout this health
> emergency.
>
--
Thank you,
Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
t: *206.973.3500 *| f: *206.577.5090*| e: *kaitlyn at dimensionlaw.com*|
www.dimensionlaw.com
Covid-19 Update - Dimension Law Group remains available to serve our
clients and the public during this time, subject to the orders and
recommendations of government authority.
All attorneys and staff are working remotely regular business hours and are
available via email and by phone. Videoconferencing also is available. We
will continue to advise and support our clients throughout this health
emergency.
--
PRIVILEGED AND CONFIDENTIAL:??This e-mail (including any attachments) is
intended only for the use of the individual or entity named above and may
contain privileged or confidential information. If you are not the intended
recipient, or the employee or agent responsible to deliver it to the
intended recipient, you are notified that any review, dissemination,
distribution or copying of this e-mail is prohibited. Attempts to intercept
this message are in violation of 18 USC 2511(1) of the Electronic
Communications Privacy Act, which subjects the interceptor to fines,
imprisonment and/or civil damages. If you have received this e-mail in
error, please immediately notify us by e-mail, facsimile, or telephone;
return the e-mail to us at the e-mail address below; and destroy all paper
and electronic copies.?Any settlement offer contained herein is made
pursuant to Washington ER 408, and without admitting fault or liability on
the part of this firm?s client(s) or its agents.??IRS?CIRCULAR?230
DISCLAIMER:??To ensure compliance with requirements imposed by the IRS, I
inform you that any U.S. tax advice contained in this communication
(including any attachments) is not intended or written to be used, and
cannot be used, for the purpose of (i) avoiding penalties under the
Internal Revenue Code; or (ii) promoting, marketing or recommending to
another party any transaction or tax-related matter addressed herein.
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------------------------------
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com
http://mailman.fsr.com/mailman/listinfo/wsbarp
End of WSBARP Digest, Vol 78, Issue 6
*************************************
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